Case details

Plaintiffs claimed multiple impact caused lumbar injuries

SUMMARY

$905000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
bulging lumbar disc, lower back, lumbar disc bulge, neck, right knee
FACTS
On Dec. 12, 2011, plaintiff Ana Alvarez, 37, a homemaker and part-time helper at her husband’s shop, was driving a 2001 Chevy Suburban with her two children, plaintiffs Hector Guerrero, 16, and Stephanie Guerrero, 15. While they were stopped at an intersection behind a black Mercedes-Benz, their vehicle was rear-ended by a 1991 Toyota pickup truck operated by Winnie Revels. The impact subsequently caused the Chevy Suburban vehicle to be pushed forward into the black Mercedes-Benz’s rear bumper. A minor scratch was made to the rear bumper of the Mercedes-Benz. As a result, the unidentified driver left the scene without exchanging an ID or making a claim. There was also no police report filed regarding the accident. However, Alvarez and her daughter, Stephanie, later both claimed to their lower back, while Alvarez’s son, Hector, claimed to his neck and right knee. Alvarez and her two children sued Revels, alleged that Revels was negligent in the operation of the pickup truck. Revels ultimately accepted liability., The Alvarez/Guerrero vehicle sustained $4,336.30 in estimated damage, with 10 hours of frame-time damage. However, there was almost no visible damage, as bumper was only slightly bent down. Revels’ vehicle sustained moderate-to-heavy visible front-end damage and it was subsequently towed from scene. It was declared a total loss with estimated damages of $4,705.29. Despite the damage to the vehicles, there was no emergency treatment required. However, three days later, Alvarez and her kids began treating for their alleged . Alvarez was diagnosed with a 5-millimeter lumbar disc bulge at the L5-S1 level abutting the traversing S1 nerve roots, as well as “severe degenerative disc disease.” She claimed the collision caused the bulging lumbar disc and caused her to develop the severe degenerative disc disease. Alvarez subsequently underwent pain management injections, as was recommended by her treating orthopedic physician. Alvarez claimed that despite receiving three epidural injections, her condition remained symptomatic. She claimed that as a result, her treating orthopedist and neurosurgeon both recommended that she proceed with a lumbar decompressive surgery. Thus, Alvarez sought recovery of $60,500 in past medical costs and an unspecified amount in future medical costs. She also sought recovery of damages for her past and future pain and suffering. Stephanie was diagnosed with multiple bulging lumbar discs with a 7-millimeter disc bulge at the L5-S1 level. She subsequently underwent a series of three pain management injections. Stephanie’s treating orthopedic physician recommended that Stephanie undergo surgery on her lumbar spine, including a posterior lumbar decompression and discectomy. Thus, Stephanie sought recovery of past and future medical costs, and damages for her past and future pain and suffering. Hector settled his claims prior to trial, so his were not before the court. However, he had claimed that he sustained to his back and a knee. He subsequently underwent chiropractic treatment and imaging studies. Defense counsel argued that since there was not much visible damage to the plaintiffs’ vehicle, the extent and causation of the plaintiffs’ alleged were not caused by the crash. Specifically, defense counsel argued that Alvarez’s degenerative disc disease was pre-existing and that the bulging lumbar disc was either also pre-existing or caused by the degenerative disc disease and was not causally related to the crash. Counsel also argued that Stephanie’s bulging lumbar discs could not have been caused by the subject collision. In addition, defense counsel argued that the alleged cost for Alvarez’s and Stephanie’s past and future treatment was excessive. In response, plaintiff’s counsel contended that even if Alvarez’s degenerative disc disease and bulging lumbar disc were pre-existing, her condition was asymptomatic prior to the crash and aggravated by the collision.
COURT
Superior Court of Los Angeles County, Van Nuys, CA

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